Filing of Papers in Supreme Court

All motion papers must be approved by the Motion Support Office, Supreme Court, Civil Term, room 217, before the motion papers are filed and the appropriate fee paid to the County Clerk. Generally, the filing of papers is governed by the Civil Practice Law and Rules (CPLR), and the Uniform Rules for New York State Trial Courts, 22 NYCRR section 202. Any papers filed in court shall comply with: CPLR 105(t), 2101, 8019(b) and (e); and 22 NYCRR sections 202.5, and 130-1.1A.

Request for Judicial Intervention

Generally, the Request For Judicial Intervention, commonly referred to as an “RJI”, is required to be filed in any action where the assignment of a Justice is required. The RJI sets forth the information which is entered into the court system’s database. It must be completely and accurately filled out. The full caption, as stated on the Summons, must be set forth. Use of terms “et al.” and “etc.” are not permitted. Only one RJI (revised 1/31/2000) may be filed in each action. Either a self represented litigant or an attorney must sign the affirmation at the end of the form. Once completed, the RJI must be filed in duplicate. Except in the case of an ex-parte application, the RJI must also be served together with the accompanying application upon all parties.

Proof of accuracy of the index number must accompany the RJI. See 22 NYCRR section 202.6.

Notice of Motion

A Notice of Motion must be served at least eight days, by personal service, nine days by overnight express and thirteen days by mail before the return date (CPLR 2214). Service by mail must be within the state (CPLR 2103 (f)-1). All unassigned motions must be accompanied with a properly filled out RJI and shall be filed in the Motion Support Office, room 217, within five days of service. All motions on actions already assigned to a Justice must be filed at least five business days before the return date. The Bronx Supreme Court Motion Support Office will administratively reschedule applications to the next business day in any of the following situations:

Any application noticed for a holiday

Any application noticed for a Saturday or a Sunday

If an application is administratively rescheduled pursuant to the above, the movant will be responsible for notifying all parties of the administratively rescheduled date which can be ascertained at the e-court’s web site at http://iapps.courts.state.ny.us/webcivil/ecourtsMain.

Requests for Preliminary Conference

A party may request a preliminary conference at any time after service of process. The request shall state the title of the action, index number, names, addresses and telephone numbers of all attorneys appearing in the action, and the nature of the action. If the action has not been assigned to a judge, the party shall file a request for judicial intervention (RJI) together with the request for preliminary conference. The request shall be served on all other parties and be filed with the clerk for transmittal to the assigned judge [22 NYCRR] 202.12a. Medical, dental and podiatric malpractice actions: These actions must file a Notice of Malpractice for a preliminary conference to be scheduled [22 NYCRR] 202.56. A Notice of Malpractice must be filed within sixty days after joinder of issue by all defendants named in the complaint or after the time for the a defaulting party to appear, answer or move with respect to the pleading has expired. The form and content must be as contained in [22 NYCRR] 202.56. Such notice shall be filed after the expiration of sixty days only by leave of the court on motion and for good cause shown.

Discovery Part Conference Requests

In lieu of a formal motion, parties may make written application to schedule a Discovery Status or Compliance Conference. Such application shall be forwarded to:

Must specify all discovery issues and any other relief being requested

The request must state the courts intervention is necessary to resolve these issues.

Identify all prior orders addressing discovery issues.

The request must be CC'ed to all appearing parties.

These applications will be processed by the DCM department.

Notes of Issue

To put an action on the trial calendar, you must file an original and one copy of the Note of Issue, Certificate of Readiness and Affidavit of service. [22 NYCRR] 202.21b. The note of issue must be filed in the clerk's office within ten days of service. A note of issue can only have one index number and one caption and the caption must be complete (no et. al. or etc. etc.). If one or more actions have been consolidated you should supply the clerk with the order of consolidation showing the consolidated index number and caption. If one or more actions have been joined for trial each action must file a separate note of issue.

Special Proceedings

Special proceedings in Supreme Court, Bronx County must be commenced by filing a petition with the County Clerk, Room 118, 851 Grand Concourse. Upon the filing of the petition and payment of appropriate fees, an index number will be assigned. To calendar a Notice of Petition, first serve all papers, using the index number that was assigned, and then bring the Notice of Petition, Petition, Request for Judicial Intervention, printout from the County Clerk and proof of service to Room 217 for approval. If moving by Order to Show Cause, all papers can be brought to Room 217 immediately after filing the petition.

Motion Procedure

All assigned and unassigned motions will be returnable five (5) days a week in the Civil Branch Clerk's Office, Room 217, at 9: 30 A. M. Unassigned motions must be in the Clerk's Office within five (5) days of the date of service of the motion. Assigned motions must be filed in the Clerk's Office not less than five (5) business days prior to the return date of the motion. In accordance with the new civil fee schedule set forth in Article 80 of the C.P.L.R., effective July 14, 2003, all motions, and cross motions must be approved in Room 217 prior to payment of said fees in the County Clerk's Office, Room 118. All answering papers must be submitted to the Clerk 's Office on the return date of the motion. Answering papers will not be accepted prior to the return date. Cross motions may be presented for approval on or before the return date, provided that there is a motion already calendared.

All papers served must strictly comply with the time requirements of C.P.L.R. Sections 2101, 2103 and 2214(b).On the return date of the motion all non-City and non-Matrimonial disclosure motions, assigned and unassigned, will be scheduled for appearance in the Preliminary and Compliance Conference Part, IA-11, Room 707. The appearance date shall be no earlier than two weeks from the initial return date of the motion. Non-disclosure motions for IA5, IA7 and IA22 will be adjourned for oral argument to the Monday of the second week following the week of the return date of the motion. All other non-disclosure motions will be deemed submitted on the return date and forwarded to Chambers unless a stipulation of adjournment complying with the requirements of Rule 202.8(e) is submitted, in which event, the motion will be adjourned for the requested date and kept in the Clerk's Office. If a non-stipulated request for adjournment or notice is submitted, the motion and request will be forwarded to Chambers for judicial approval or denial of the request. In either event, the attorney requesting the adjournment will be notified, via telephone, of the granting or denial of the request and instructed to notify his adversary.

If on any submitted non-disclosure motion oral argument is requested and granted, or directed by the Court, the motion shall be adjourned for oral argument before the I.A. Judge on the second Monday following the week of the return date of the motion. Attorneys will be notified via telephone of the adjourned date.

Calendars of disclosure motions and other motions adjourned for oral argument will be published for the four (4) business days preceding the rescheduled appearance date and on the rescheduled date of the motion. These repetitive publications will serve as the notification of procedure of adjournment of all motions. In addition, two (2) days before the return date of unassigned motions a list of such motions indicating the assigned Justice and the adjourned date of the motion will be published.

All orders to show cause, with the exception of orders to show cause that are returnable in the City Part, the STP Part, the Matrimonial Part and the Preliminary/Compliance Conference Part (IA-11), submitted on or after August 25, 2003, will be returnable on a Monday in the assigned Justice's part and appear on his or her motion calendar. Appearances will be required on orders to show cause.

Counsel/parties must advise the Court in writing on or before the return date of all motions that have been resolved by Counsel/parties themselves and all motions the movant(s) wish to be with-
drawn.

See individual Justice's notes for further instructions.

In lieu of contacting the Clerk's Office, counsel and Pro Se litigants may check the Law Journal or see Case Information on the website for motion decisions.

Preliminary Conferences

Pursuant to revised sections 202.8 and 202.12 of the Chief Administratoŕs Uniform Civil Rules for the Supreme and County Courts regarding first disclosure motions or preliminary conferences, appearances will not be required if before the rescheduled date of the motion or the scheduled date of the preliminary conference a "Preliminary Conference Order" in the prescribed form is filed with the Civil Branch Clerk's Office, Room 217. Forms are available in the Clerk's Office and in the DCM Part, Room 707 and most importantly on the Web. Completed forms will be submitted to the court for approval and then filed in the County Clerk's Office. Attorneys and pro se litigants are required to check the final "Preliminary Conference Order" for the date of the compliance conference, if any, and for any additional directives ordered by the Court.

The Summary Jury Trial Program and Process

General Features:
• An SJT is a binding one day jury trial with relaxed rules of evidence
• Medical evidence can be submitted without live medical testimony
• Hi-Low parameters can be stipulated to, i.e. $0/$25k, $50k/$25/k, etc
• No Appeal
• No directed verdicts
• No motions to set aside the verdict
• A date certain for trial
• Innovative methods of case presentation to the jury, direct submission to jury of medical records, reports, power point presentations, etc.
• Supreme Court Judge to preside at the trial
• CLE to be given by Bronx Bar Association

General Rules:
• Written stipulation by attorneys to participate
• Signed waiver of right to appeal and waiver of post trial motions
• Findings of Fact/Conclusions of Law not required
• Judgment not entered, instead releases and stipulations are exchanged
• Pre-marked exhibits, medical records, reports, photos, diagrams, etc. can be submitted directly to jury
• Any evidence, trial notebook, etc. to be submitted to jury must be exchanged 30 days in advance or it is precluded
• Evidentiary hearing held 10 days before trial to resolve objections, redactions and any other pre-trial issues
• Medical records need not be certified or affirmed
• Video live/pre-recorded testimony permitted
• Similar in various respects to the NJI program
General Procedure:
• Abbreviated jury selection
• 10 minute opening and closing for each side
• One hour for case presentation and cross examination by each side
• Modified jury charges
• Record can be waived if all sides agree